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BASHIR & ANOTHER versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Bashir & Another v. State Of U.P. & Another - WRIT - C No. - 59156 of 2007 [2007] RD-AH 18485 (30 November 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Janardan Sahai, J

Heard learned counsel appearing on behalf of the petitioners and the learned counsel holding brief for Sri Tarun Verma counsel for the Bank.

Petitioner no.2 had taken loan for agricultural purposes. According to the petitioner he could not pay the instalments due to unavoidable circumstances and the loan is being recovered by coercive means. It is submitted that if reasonable time is allowed to pay the amount sought to be recovered in instalment, petitioners may be able to pay the same and irreparable injury on account of arrest and auction of property may be avoided.

To the aforesaid, learned counsel appearing for contesting respondent submits that although in some of the cases it has been said that against the recovery proceedings, unless some illegality is pointed out, the court may not interfere, but at the same time submission is that intention of the respondent bank has been never to cause any irreparable injury to the loanee rather the loan amount was advanced with the purpose to improve his future prospects and thus if for justifiable reason the amount in terms of the agreement has not been paid and now petitioners have bona fide intention to pay the amount within a reasonable time then respondents may not have any objection.

Accordingly, this petition is disposed of finally with the following directions:-

(i) Petitioners may deposit the entire amount sought to be recovered directly with the contesting respondent no. 4 Bank in eight equal instalments. In calculating the arrears the amount (if any) already paid will be adjusted.

(ii) The first instalment may be deposited by 31st December 2007, second by 31st March 2008, third by 30th June 2008, fourth by 30th September 2008, fifth by 30th December, 2008, sixth instalment by 30th March 2009, seventh instalment by 30th June 2009 and the last/ eighth instalment by 30th September 2009. In case instalments are deposited with the contesting respondent within the aforesaid time then the recovery charges will not be recovered from the petitioners.

(iii) Petitioner may file an application for supply of statement of account along with duly stamped self- addressed envelope. In case any such application is filed, the contesting respondent will give the same to the petitioners within fifteen days after the deposit of first instalment.

iv) Property (agricultural land/tractor) belonging to the petitioners if attached will be released after the deposit of first instalment by the concerned Tehsil authority unless it has already been auctioned.

(v) If the petitioners deposit the instalment as fixed by this Court in time the recovery shall be kept in abeyance but if the petitioner defaults in paying any of the instalment this order shall stand vacated.

(vi)This order will not be applicable if the petitioners have filed any earlier writ petition challenging the recovery of this loan.

Dated: 30.11.2007

sn/wp-59156/07


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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